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Kupon Patent
Trademark

Unregistered trademark use

· 3 min

Do not leave the history and ownership of an unregistered sign unclear. Link research and record keeping with business planning.

A business using an unregistered mark should first understand its position in detail. A long-used name, company name, social account and trademark record are different things. Identify the person or company connected with each. When the team says a name is already theirs, it should be able to show the supporting records. An organised file is a more useful starting point for preparation or a dispute than a scattered account.

Article 6(3) of the Industrial Property Law addresses opposition based on an earlier unregistered sign under particular conditions; not every user is in the same position. Official text: https://webim.turkpatent.gov.tr/file/ff5f9aba-c277-4022-8486-9b11e525c765?download=. Explain when, where and for which products or services you used the sign. Rather than repeating that you were first, organise the records supporting that account. Their relevance needs assessment in your particular file.

Arrange use records chronologically. Packaging photos, catalogues, orders and promotional material may show different periods. Note their source and the activity they concern. Do not label an undated image as belonging to an earlier period. A summary prepared later can explain the collection but does not replace the original record. When sharing customer documents, consider separating personal details unrelated to the file.

Explain partnerships and external-service relationships too. A designer may have created the logo, another person bought the domain and a dealer opened the social account. Review agreements rather than treating these actions as one ownership indicator. Record who authorised use and what the team decided. As the business grows, scattered account access and undocumented understandings can affect more people; identifying the questions early makes handover easier.

Do not postpone research before new investment. Bring the sign’s search file into discussions about signage, packaging or export preparation. Official records may need to be assessed alongside your history of use. Research and document collection are complementary: one examines external records and the other explains your activities. Using the same mark version and activity list for both makes comparison easier.

Finish with a readable timeline, document index and list of open questions. Identify missing periods openly and do not present unverified information as documented fact. This helps your representative see where review is needed. The filing plan, existing use and any potential dispute can be considered separately, giving the business a clearer discussion on which to base its decisions. For the relevant process and preparation, visit /en/hizmetler/marka-tescili. This article is for general information; consult our representative for an assessment specific to your file.

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